Return to Landfill

For the reasons set forth in the foregoing opinion, it is this 23^rd day of December, 1993, by the County Board of Appeals. of Anne Arundel County, ORDERED that the appeals are hereby granted. as follows:

The special exceptions for a sand and gravel operation and rubble landfill operation are granted with the following conditions:

1. Patuxent Road shall not be used as an entrance to the operation.
2. Conway Road is to be used as the entrance to the operations, with the following :conditions:
   1. A right turn lane shall be constructed on eastbound Conway Road at Maryland Route 3 to a minimum length of 500 feet.
   2. From the intersection of Patuxent Road and Conway Road to the entrance of the site the road shall be improved with 12 foot travel lanes and 8 foot shoulders improved to county standards (pursuant to Article 26, §3-202(d), Anne Arundel County Code) where the county right-of-way exists. Additionally, the Petitioners shall pursue a diligent course to obtain the right-of-way from private property owners where possible.
   3. The road improvements on Conway Road from Route 3 to Patuxent Road shall be constructed before any rubble landfill or sand and gravel operation begins; road improvements from the intersection of Conway Road and Patuxent Road to the entrance of the site are to be completed within one year of the start of operations.
   4. The access obtained to the site from Conway Road shall be through a fee-simple right-of-way, not through an easement.
3. The life of the landfill operation, from the beginning of waste collection to the final waste acceptance, shall be limited to 12 years.
4. The hours of operation for both the rubble landfill and sand and gravel operations shall be limited to 7:00 a.m. to 5:00 p.m. Monday through Friday (no weekend hours).
5. The Petitioners are to notify all land owners within three-quarters of a mile that they can opt to have the Petitioners replace a shallow well at the Petitioners' expense prior to and up until 12 months after commencement of the operations. The Petitioners are to notify all property owners within three-quarters of a mile within 60 days after Board approval of the operations. Commencement is defined as the onset of operations to begin work on the landfill.
6. The granting of the special exceptions neither approves nor denies railroad operations to bring rubble fill to the site. If a rail operation is to be used, the Petitioners shall receive further approvals from the County and other monitoring agencies.
7. Fencing shall be erected-around the active operations to a height of six feet with only one lockable gate.

A Variance to Article 28, §12-242(b)(13) is granted, establishing a variance of 760 feet; a variance to Article 28, §12-242(b)(14)(viii) is granted, establishing a variance of 100 feet.

Both variances are subject to the following condition:

1. The fill used in the area requiring the variance shall be that which must be used for construction of a berm pursuant to Bill 12-93, (§12-242(b)(14)(vi)1.a & b), which reads: Each berm shall be constructed with acceptable fill material limited to:
   1. Rock and similar irreducible materials such as. concrete, non-refractory brick, and asphalt created as a result of construction activities, mining, or regrading projects without limit as to size, provided voids are not formed into which overlaying soils may be washed; and
   2. Topsoil intermittently layered with non-organic soil.

Any appeal from this decision must be in accordance with the provisions of Section 604 of the Charter of Anne Arundel County, Maryland.

If this case is not appealed, exhibits must be claimed within 60 days of the date of this Order; otherwise they will be discarded.

Any notice to this Board required under the Maryland Rules shall be addressed as follows: Anne Arundel County Board of Appeals, Arundel Center, P.O. Box 2700, Annapolis, Maryland 21404, ATTN: Mary M. Leavell, Clerk.